Motorcycle accidents are common on American roads because drivers fail to pay attention to smaller vehicles.
While rash riding can cause such mishaps, more of them happen due to the negligence of others on the road. The daunting part is that they often have dire implications.
Since the vehicle does not offer protection to the rider’s body, victims tend to sustain severe injuries. Unfortunately, the death rates are also high for these mishaps. You can imagine the gravity of the situation for the victims, their families, and the authorities.
The silver lining is that victims can claim compensation for injuries due to a negligent mishap, just like car accident victims. The process is pretty similar to car accident claims because the negligence factor is involved.
But victims need to be aware that these cases differ from car accident claims in more than one way. Awareness can ease the long journey for victims because motorcycle claims are often more complicated than they imagine.
Let us explain the finer points to highlight the differences between motorcycle and car accident claims.
6 Crucial Ways Motorcycle Accident Claims Differ From Auto Mishap Claims
1. Severity of injuries
The primary difference relates to the severity of injuries because of the structural variations between the vehicles. Unlike car drivers and passengers, bikers are not protected by hard exteriors, airbags, and seatbelts. You can imagine how dangerous a collision or fall can be.
The risk runs high for motorcyclists as they often suffer catastrophic injuries such as traumatic brain injury, spinal cord damage, and internal bleeding. They may also require amputation or burn treatment to save their lives.
Besides debilitating injuries that cause permanent damage, the risk of death is significantly higher for bikers. You can imagine how dangerous such mishaps can be, so the claims process is bound to be more complicated than ones involving car accidents.
2. Complexity of claims
Motorcycle accident claims are more complex due to the severe injuries victims encounter. Since the insurance company’s liability is more in such cases, they are ready to fight harder and longer to deny the claim.
Even if they may not get through without paying anything, they surely want to frustrate the victim to give up or accept a lowball offer. A long and complex case can be traumatic and stressful for the victim, so it is better to have realistic expectations.
You may have to wait for months to get the rightful amount. Moreover, there are good chances of going into a lawsuit instead of settlement negotiations. The best piece of advice is to practice patience, and not skimp on your treatment.
Once your lawyer proves your claim, you will surely get complete coverage for your treatment and damages.
3. Compensation value
The value of a compensation claim depends on the extent and severity of the injuries of a victim. After all, severe ones lead to long medical bills and extended time off work. Since they are likely more severe for bikers, motorcycle claims often run higher in value.
But getting it may be a long journey because insurance companies try every tactic in the book to settle the case at a minimum value. Hiring a specialist Motorcycle Accident Attorney puts you in a better place as a victim.
These experts ensure the rightful claim value by proving negligence and validating your injuries and damages with proper evidence. Remember to preserve the evidence from the accident spot and maintain your medical records, as they will strengthen your claim down the line.
4. Negligence-related mishaps
The driver-negligence factor is another way motorcycle accidents differ from car mishaps. Most drivers pay more attention to larger vehicles because of their high visibility. Trucks, buses, and commercial vehicles are scary because of their sheer size.
Even passenger cars get enough attention on the road. But motorcyclists do not seem to pose a threat, so drivers often become negligent about them. They tend to overlook those driving in their lanes or even fail to see them due to distracted driving.
Victims deserve justice, so they must absolutely file a claim to seek compensation for their suffering. No one should get away with hurting others, regardless of the vehicle they use.
5. Bias against bikers
Bikers face inherent bias even when they sustain injuries due to another driver’s negligence. Cultural prejudices and stereotypes may hinder their compensation claims even when they deserve it. People often consider bikers rowdy and careless individuals and assume their fault in road accidents even without bothering to find out the truth.
The mindset goes against the victims who fall prey to driver negligence. Eyewitness statements and police records may sound discriminatory, blaming bikers instead of guilty drivers. The best thing you can do as a victim is to get a seasoned lawyer to help you overcome the bias and get a rightful compensation value.
6. Helmet Matters
The verdict of a motorcycle accident claim also depends on a peculiar factor. It may depend on the fact whether you wore a helmet during the mishap. Consider it similar to wearing a seatbelt during a car mishap.
Of course, you must follow the essential road safety rules to protect yourself from injuries during a crash. The guilty driver may even use it as an excuse to cover up their negligence and blame you for the accident.
The issue can complicate your claim even in states where helmet use is not compulsory. However, your lawyer can get you out of trouble in this context. A negligent driver should not escape only because a victim failed to wear a helmet. They should still pay for their error because a rider’s mistake does not make their offense less serious.
Understanding the legal implications of a negligent motorcycle mishap is crucial to getting a favorable verdict and rightful compensation. Most importantly, you must hire an expert with relevant experience.
They are in a better place to highlight the fault of the negligent driver in court with valid evidence and strong arguments. Moreover, they ensure that their clients never have to settle for less and get complete coverage for their treatment bills, pain and suffering, wage losses, and other damages.